9 Most Important Differences between Public Document’ and Private Document are:
Public Document:
1. Sec. 74 defines what the Public documents are.
ADVERTISEMENTS:
2. All the public documents are kept in some special custody of the authority.
3. Certified copies of the Public Documents shall be given to any person demanding it on paying prescribed fee.
Image Source: 185.26.182.219
4.Public documents are open to inspection to any person.
5. Mode of proof: The mode of proving public documents has been provided in Sections from 76 to 78.
ADVERTISEMENTS:
6. A public document is one prepared by a Public servant in discharge of his public-official duties.
7. Certified copies of the public document can be received in evidence and without proof.
8. Examples: Documents forming the Acts, or records of the Act, of the sovereign authority, Tribunals, public officers, legislative, judicial and executive, etc.
9. Sec. 77 provides that certain original public document need not be produced before the Court. Certified copy is sufficient.
Private Document:
ADVERTISEMENTS:
1. Section 75 defines that all other documents are private.
2. All the private documents are kept in the hands of private persons under their own custody
3. Certified copies cannot be given pertaining to private documents. In fact the words certified copies do not arise in private custody.
4. Private Documents are not open for in section to any person.
5. Mode of proof: The mode of proving private documents has been provided in Sees, from 61 to 73.
6. A private document is one prepared between the persons for their usual business transaction and communications.
7. Certified copies of the private document, generally, cannot be taken in evidence. If taken there must be proof of original document.
8. Examples: Correspondence between persons, Any matter published in newspaper, books etc.
9. There is no such protection is private document, the original must be produced before the Court.
